Gerlach v. State

I

This appeal follows the conviction of Mary Ann Gerlach on the charge of murder for which she was sentenced to a term of life imprisonment. On appeal Gerlach assigns that the trial court erred in: (1) allowing a said-to-be-improper hypothetical question posed to the psychiatric expert for the State, (2) failing to declare a mistrial or to discharge juror Carvin because of a mid-trial telephone call she received from an unidentified third party, and (3) refusing to grant a new trial on grounds that the jury verdict was against the overwhelming weight of the evidence.

II

It is undisputed1 that on…